Menu

About H1b

There are vital issues that you need to know regarding the H1B visa in the United States. First of all, this is a non-immigrant visa given to foreign workers in specialized fields who are being hired by US-based private firms. These include engineer, architects, mathematicians, scientists, and medical professionals. With this visa category, any legitimate US company is permitted to hire a foreign worker for a maximum of six years.

The process is less rigorous compared to the Green Card application. However, it should start with the employer who must petition the candidate. US employers must apply for the H1B visa six months prior to the visa’s actual start date. Existing immigration legislation allows only 85,000 new H-1B visas for one government fiscal year. The number is comprised of 65,000 new visas for foreign workers with specialty occupations plus an extra 20,000 for those with advanced degrees from any certified academic institution in the country.

Specialty occupations refer to graduates with US Bachelor’s degree or higher and its equivalent from a recognized university or college. This is considered as minimum entry requirement. This educational prerequisite dictates that the job is intricate or unique in a way it can be performed only by someone with this qualification. If it is a foreign degree, this should be equivalent to the US degree.

The professional should be the holder of an open state license, registration or accreditation allowing that individual to practice the specialty occupation without restriction. In case the candidate does not have the proper credentials and lacks experience for the H1B visa, the option is H-2B or L-1 visas. The latter is also a non-immigrant visa permitting enterprises with operations in the United States and abroad to transfer specific employees from foreign operations to the US for maximum of seven years. They should have rendered services for a parent, subsidiary, affiliate unit or branch of that corporation for a minimum of one year during the last three years.

The H-1B visa is not for immigrants but this is one of visa categories with dual intent. In other words, the visa holder can secure the much-coveted Green Card while in the country by applying for permanent residency. If your application is denied upon termination of your H-1B visa, then it is imperative to go out of the US for one year before you can re-apply. Under US immigration law, holders of this visa can bring spouse and kids below 21 years old to the US using the H4 Visa category for dependents.

The United States is a dream for millions of possible immigrants. For many people, America is the road to a life far from poverty. Unfortunately, not all of them are aware of stringent immigration policies and numerous issues. For all you know, the dream can become a harrowing experience.